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Ineffective Assistance of Counsel

By: Derek Hawkins//May 31, 2016//

Ineffective Assistance of Counsel

By: Derek Hawkins//May 31, 2016//

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7th Circuit Court of Appeals

Case Name: Eric Blackmon v. Tarry Williams

Case No.: 14-3059

Officials: POSNER, SYKES, and HAMILTON, Circuit Judges.

Focus: Ineffective Assistance of Counsel

Counsel for appellant was ineffective for failing to investigate alibi witnesses

“The record before us supports the conclusion that Blackmon’s trial counsel was constitutionally ineffective by failing to investigate the alibi witnesses and shows that the state court’s summary dismissal of the claim was unreasonable. But a “state court’s mistake in summarily rejecting a petition, i.e., without fully evaluating conflicting evidence on disputed factual issues, does not necessarily mean the petitioner is ultimately entitled to relief.” Mosley v. Atchison, 689 F.3d 838, 842 (7th Cir. 2012). Because of that summary dismissal, the alibi witnesses have not yet been tested in any sort of adversary proceeding, and the record contains no evidence from Blackmon’s trial counsel as to what he did or did not do. Accordingly, we vacate the denial of the habeas petition and remand to the district court to assess whether Blackmon “is actually ‘in custody in violation of the Constitution or laws or treaties of the United States.’” Id., quoting 28 U.S.C. § 2254(a).”

Vacated and remanded

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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